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(영문) 광주지방법원 해남지원 2018.11.28 2018가합3247
어촌계장 지위 확인 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The defendant is a fishing village fraternity established and organized by fishermen residing in the area D of Jindo-gun, Jindo-gun, and the plaintiffs are the persons who are the fishing village fraternity of the defendant.

On November 9, 2015, the Defendant held an extraordinary general meeting and passed a resolution to select Plaintiff B as the head of the fishing village fraternity. The Defendant’s grounds for invalidation, E, and F, of the fishing village fraternity, filed a lawsuit to nullify the resolution of the general meeting with Gwangju District Court 2016Gahap3038, on the ground that there were grounds for invalidation not meeting the quorum prescribed by the said rules.

On May 17, 2017, the above court rendered a ruling dismissing claims of E and F, and appealed by E and F.

(C) Around July 27, 2017, when the first instance court was pending, the first instance court held an extraordinary general meeting on the following grounds: (a) on July 27, 2017: (b) the first instance court held the said lawsuit as a matter of amendment of the rules of the fishing village fraternity, resignation and election of the chief of the fishing village fraternity; (c) amended the rules of the fishing village fraternity as of February 24, 2014; and (d) on the same day, the first instance court held that the Plaintiff B, who resigned from the chief of the fishing village fraternity as of July 27, 2017, was immediately appointed as the chief of the fishing village fraternity.

The amendment rules relate to the instant case are as follows. The type and convening of the General Assembly under Article 9 shall be convened by the chief of the fishing village fraternity as necessary:

4) At the request of a majority of the officers, representatives of the officers shall be convened. 5) At the request of one third or more of the members of the fishing village fraternity, representatives of the officers shall be convened.

The general meeting schedule shall be notified by the head of fishing village fraternity or the executive representative through a public announcement or village broadcasting seven days prior to the date of such public announcement.

Afterward, the Gwangju High Court opened the verification date to hold an extraordinary meeting to be selected again by the Defendant’s president of the fishing village fraternity on December 18, 2017 while referring the previous case to conciliation. However, as a result of the voting by 57 of the Defendant’s 63 members of the fishing village fraternity, Plaintiff B acquired 28 votes and G 29 votes, and G was elected as the head of the Defendant fishing village fraternity, and thereafter, on December 21, 2017, participated in the conciliation between Plaintiff B and G.

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